Driven to the Brink – Application of the DEMERIT System (AARTO) and its impact on the Employment Relationship

The Administrative Adjudication of Road Traffic Offences Act (AARTO) is a piece of legislation that has been around for some time, but is yet to be fully implemented. There are however some pilot projects where the implementation of the legislation has been tested.

Some of the objectives of the Act are:

to increase road safety;

sets out the consequences for the operation of an un-roadworthy vehicle, or a vehicle without a license or the driving of a motor vehicle in a negligent manner;

allocate points to a driver’s license depending on the nature of the offence committed;

should a driver have 13 points on their license they will be prevented from driving.

The full implementation of this legislation has been plagued by delays.
The Department of Transport keeps assuring us as members of the Public that this legislation is coming.

So what does all of this have to do with Labour Law and the employment relationship?
One’s ability to drive is considered in this day and age to be virtually indispensable in order to be employed.

You either need to get yourself to work, even if you do not drive to do your work. (accepting that many people rely on taxis and public transport to do exactly this), or

You need to be able to drive to be able to do part of your job, or

Your ability to drive is considered to be the main feature of your job.

Should one no longer be able to drive as one has acquired 13 points on one’s license, this would render one incapable of driving and thus potentially incapable of doing ones job in part or at all. Clearly this has an impact on the employment relationship.

For this reason we strongly suggest that employers prepare policies to deal with this unfortunate but likely consequence. We can assist you with regards to the development of such a policy as well as training your staff as to how to implement such a policy.
We expect this legislation to come into full effect shortly.